Use of Backyard Farms Site
The Backyard Farms Site is intended only for your personal, non-commercial use, unless you and Backyard Farms have agreed otherwise in writing. Backyard Farms may terminate your access to the Backyard Farms Site for any reason, without prior notice.
Copyright policy, linking policy and trademarks
The Backyard Farms Site is protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the Backyard Farms Site, including any of its text, graphics, video, audio, software code, user interface design or logos. In order to avoid confusion, if you link from another web site to a Backyard Farms Site page, your web site, and the link itself, may not suggest that Backyard Farms endorses, sponsors or is affiliated with Backyard Farms and may not make use of any Backyard Farms trademarks or service marks (other than those contained within the text of the link).
All trademarks and service marks on the Backyard Farms Site belong to Backyard Farms, LLC or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.
If you believe that your work has been copied within the Backyard Farms Site in a way that constitutes copyright infringement, please provide Backyard Farms with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;
- An identification of the allegedly infringing material, and a description of where that material is located on the Backyard Farms Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.
Backyard Farms' Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: David Einstandig, Mastronardi Produce, 28700 Plymouth Road, Livonia, MI 48150
By phone: 734-943-0410 By e-mail: firstname.lastname@example.org
Third party content
The Backyard Farms Site may include general news and information, commentary, interactive tools, recipes, and contests related to Backyard Farms products. Some of this content may be supplied by companies or individuals who are not affiliated with Backyard Farms ("Third Party Content"). The Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Content provider(s) credited. Backyard Farms may not have not been involved in the preparation, adoption or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content. Third Party Content is provided for informational purposes only and you will use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN "AS-IS" BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ALL LIABILITY EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF DAMAGES.
You hereby irrevocably assign to Backyard Farms all rights in any ideas or expressions of ideas that you submit through the Backyard Farms Site. All comments, suggestions, graphics, ideas (including product and advertising ideas), recipes and other information or materials you submit to Backyard Farms through this Backyard Farms Site itself, or through an agent of Backyard Farms (including but not limited to a third party hosting a contest on behalf of Backyard Farms) become and remain the exclusive property of Backyard Farms, including any future rights associated with such submissions.
Backyard Farms shall have the right to use in any manner, within the Backyard Farms Site or elsewhere, your name, likeness, voice, biographical material, and other information concerning you that you provide to the Backyard Farms Site, in connection with any content you provide to the Backyard Farms Site.
You acknowledge that any ideas, recipes or suggestions that you submit, to the best of your knowledge, do not utilize proprietary, confidential or inside information belonging to any other person or entity. You further release and waive all claims against Backyard Farms with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the governing law of the United States.
DISCLAIMER OF WARRANTIES
BACKYARD FARMS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE BACKYARD FARMS SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE BACKYARD FARMS SITE IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND BACKYARD FARMS DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. BACKYARD FARMS DOES NOT WARRANT THAT THE BACKYARD FARMS SITE WILL MEET YOUR NEEDS, OR THAT IT WILL BE ACCURATE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
LIMITATION OF LIABILITY
BACKYARD FARMS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE BACKYARD FARMS SITE AND THIRD PARTY CONTENT, THIS IS TRUE EVEN IF BACKYARD FARMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
As a condition of your use of the Backyard Farms Site, you agree to indemnify and hold Backyard Farms and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the Backyard Farms Site, breach of any of the terms or conditions of this Agreement, or your violation of any law or the rights of a third party.
Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts of law, and shall inure to the benefit of Backyard Farms' successors and assigns, whether by merger, consolidation, or otherwise.
If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.